CALDWELL v. FOLINO et al

Filing 206

ORDER denying 205 Motion for Notes of Testimony for the reasons set forth more fully in the order itself. Signed by Magistrate Judge Maureen P. Kelly on 6/19/2012. [A copy of this Order was mailed to Plaintiff on this day at his address of record]. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CLAY CALDWELL,

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Plaintiff,
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v.
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SUPERINTENDENT LOUIS FOLINO;
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LIEUTENANT M.A. PRICE; SGT.
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GAGNON; C.O. J. MILLER; C.O.
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LUKACHYK; C.O. TOPKA; C.O. SOKOL; )
JEFFREY A. BEARD, Secretary of
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Correction; and LT. NORMAN,
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Defendants.
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Case No. 2:08-cv-00122
Magistrate Judge Maureen P. Kelly

ORDER
A jury trial was held in this matter beginning on March 27, 2012, and resulted in a
defense verdict that was entered on March 30, 2012. ECF No. 198. Plaintiff filed a timely
Notice of Appeal to the United States Court of Appeals for the Third Circuit on April 4, 2012,
ECF No. 201. Plaintiff has now filed a Motion for Notes of Testimony in which he asks to be
provided with a copy of the trial transcript free of charge to assist him in pursuing his appeal.
ECF No. 205.
In Tabron v. Grace, 6 F.3d 147, 159-160 (3d Cir. 1993), the Court held “that, as a general
rule indigent litigants bear their own litigation expenses, at least initially.”
The in forma pauperis statute, 28 U.S.C. § 1915, permits the waiver of fees
and cost for in forma pauperis litigants, see 28 U.S.C. 1915(a), and allows
for payment by the United States of the expenses of “printing the record on
appeal in any civil or criminal case, if such printing is required by the
appellate court,” and of “preparing a transcript of proceedings before a
United States magistrate in any civil or criminal case, if such transcript is
required by the district court,” 28 U.S.C. § 1915(b). There is no provision in
the statute for the payment by the government of the costs of deposition
transcripts, or any other litigation expenses, and no other statute authorizes

courts to commit federal monies for payment of the necessary expenses in a
civil suit brought by an indigent litigant.
Tabron, 6 F.2d at 158, 159. As such, Plaintiff's indigent status does not entitle him to a copy of
the trial transcript without paying the cost. Plaintiff is advised that if he wished to obtain a copy
of the transcript he must contact the Court Reporter and pay the appropriate fees.
AND NOW, this 19th day of June, 2012, upon consideration of Plaintiff's Motion for
Notes of Testimony, IT IS HEREBY ORDERED that the Motion [ECF No. 205] is DENIED.

BY THE COURT,
/s/ MAUREEN P. KELLY
UNITED STATES MAGISTRATE JUDGE

cc:

CLAY CALDWELL
EM-2163
S.C.I. Greensburg
165 SCI Lane
Greensburg, PA 15601-9103
All counsel of record via CM/ECF